Last updated:(21st April 2017) Please read these Terms and Conditions carefully before joining Mood Web Design as a client. Your access to and use of Mood Web Design services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all clients, users and others who access or use our Service.
By using Mood Web Design services you agree to be bound by these Terms.
Confidentiality..... Mood Web Design and the Client may disclose confidential information between one another to facilitate work under this Agreement. Such information shall be so identified in writing via email and shall be safeguarded and not disclosed to third parties by the receiving party. Confidential information shall not include information that: is already known to either the client or Mood Web Design.
Description of Services.....
If the Gold or Platinum plan is indicated Mood Web Design will host, manage and administer the domain name annually.
If the Gold or Platinum plan is indicated Mood Web Design will create and design work on behalf of the client.
If the Gold or Platinum plan is indicated Mood Web design will manage the Client's website on a monthly being able to provide text and image page content updates, certain images and other items and information shall be provided by the client and respective copyright adhered to.
The Client understands that search engines are independent companies who select and rank sites using their own criteria and acknowledges that Mood Web Design does not and cannot guarantee that the Client website ranking will be improved in any search engine listing.
A website update on Gold plans shall be considered 30 minutes Client's can use the 30 minutes per week as they see fit and split larger updates over a weekly course.
Platinum plan members can provide unlimited website updates.
Ongoing technical support will be between normal working hours which are...... 9am – 5:00pm Monday to Friday We will provide emergency support over weekends and bank holidays if needed
Additional Services and Fees..... Any work the Client wishes Mood Web Design to create, which is not specified in their Gold or Platinum plan description will be considered an additional service, such work if not specified in the plan agreement under shall require a separate agreement and payment.
Our hourly rate for work considered outside of the monthly plans is chargeable at £20 per hour and billed to the nearest 15 minutes.
Failure of Payment..... In the event of the client failing to make a monthly payment on the due date Mood Web Design will remove the website and replace with a holding page for two weeks after payment not received, the Mood Web Design will represent the direct debit payment with a fee chargeable to the Client of £10 added to cover the representation charge. Mood Web Design reserve the right to charge up to £25 for any of the following, unpaid returned or recalled direct debits and any letters sent as a result of the breach of this agreement.
Reservation of Rights and Publication..... All rights are reserved to Mood Web Design, as a company we retain ownership of the website and all work carried out. The Client may publish or disclose information regarding any work completed and shall acknowledge the support of Mood Web Design in all such publications. The Company may use the name of Client, in any advertising or publicity to showcase work done without the prior written approval from the Client.
Copyright is in The Company name, upon completion of any work, the copyright will be released to the Client in full.
The Client shall indemnify the company against all claims in respect of any alleged infringement of copyright trademark or design or in any respect of any passing off or slander or title arising in consequence to the exhibition of the website in pursuance of this agreement.
Termination of Agreement.....
No contract legally binding between the Client and Mood Web Design.
The Client or Mood Web Desing may terminate this agreement.
The Client cannot terminate this agreement until all payments due to Mood Web Design have been paid in full.
Four weeks notice is required for cancellation by the client needs to be in writing via an email to firstname.lastname@example.org.
The Domain name can be transferred with an admin fee of £30 payable by the Client to Mood Web Design., all external transfer fees of the domain name applicable from third parties will be payable by the client.
Upon termination the Client will have 14 days to take any content from the existing site, if a new site is being created elsewhere.
All website files hosted on the company’s servers will remain the property of the Mood Web Design and the client will have no right to these files or the migration of these files unless agreed by the company.
The Client and Mood Web Design are independent parties and nothing in this Agreement shall constitute either party as the employer, principal or partner.
Neither the Client nor Mood Web Design has any authority to assume or create any obligation or liability, either express or implied, on behalf of the other.
The Company has under this agreement shall be deemed from any failure by The Company to enforce any part of this agreement.
Mood Web Design reserve the right for any reason whatsoever to withhold withdraw or refuse publication of the website.
Mood Web Design reserve the right to terminate this service at any time with immediate effect. The invalidity of any provision of this agreement shall not affect or impair the validity of any other provision. No waiver of any rights. Liability..... Mood Web Design shall not be liable to the client for any loss or damage (including but not limited to loss of data, loss of profits or sales, website downtime, loss of business or staff or management time incurred) caused or arising directly or indirectly out of The Company’s services provided under this agreement (except to the extent to which it is unlawful to exclude such liability under English law). b) Notwithstanding the generality of (a) above The Company expressly excludes liability for any indirect, special, consequential or incidental loss or damage which may arise in respect of the services to be provided under this agreement. c) In the event that any exclusion contained in this agreement shall be held to be invalid for any reason and The Company becomes liable for loss or damage that may lawfully be limited, such liability shall be limited to the total amount paid by the client during the preceding Initial Period or Renewal Period, as the case may be. d) The Company does not exclude liability for death or personal injury to the extent only that the same arises as a result of the negligence of The Company, its employees, agents, or authorised representatives.
Exclusivity of Services..... It is agreed and declared that this agreement contains all terms and conditions between the parties hereto and the company have made no warranty or otherwise except as expressly stated therein and it is further agreed and declared no monopoly rights shall be enjoyed by the client unless endorsed on the agreement and initialled by the company’s agents. Contact Us.....If you have any questions about these Terms, please contact us on 0115 8573664.
This agreement and the Terms shall be governed by and subject to the laws of England and Wales and all disputes which may arise out of or in connection with this agreement or the Terms shall be subject to the exclusive jurisdiction of the courts of England. A person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 (“the Act”) to enforce any term of this agreement or the Terms but this provision does not affect any right or remedy of any third party which exists or is available apart from under the Act.